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Proposed CMKM Judgement Bagley Et Al

Proposed CMKM Judgement Bagley Et Al

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Published by: glimmertwins on Jul 28, 2011
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1234567891011121314151617181920212223242526JOHN M. McCOY III, Cal. Bar No. 166244E-mail: mccoyj@sec.govKAREN MATTESON, Cal. Bar No. 102103E-mail: mattesonk@sec.govMOLLY M. WHITE, Cal. Bar No. 171448E-mail: whitem@sec.govAttorneys for Plaintiff Securities and Exchange CommissionRosalind R. Tyson, Regional Director5670 Wilshire Boulevard, 11th FloorLos Angeles, California 90036-3648Telephone: (323) 965-3998Facsimile: (323) 965-3908
UNITED STATES DISTRICT COURTDISTRICT OF NEVADA
SECURITIES AND EXCHANGECOMMISSION,Plaintiff,vs.CMKM DIAMONDS, INC., URBANCASAVANT, JOHN EDWARDS,GINGER GUTIERREZ, JAMESKINNEY, ANTHONY TOMASSO,KATHLEEN TOMASSO, 1STGLOBAL STOCK TRANSFER LLC,HELEN BAGLEY, NEVWESTSECURITIES CORPORATION,DARYL ANDERSON, SERGEYRUMYANTSEV, ANTHONYSANTOS, and BRIAN DVORAK,Defendants.Case No. 2:08-cv-00437-LRH-RJJ
[PROPOSED] FINAL JUDGMENT OF PERMANENT INJUNCTION ANDOTHER RELIEF AGAINST DEFENDANTS 1
st
GLOBAL STOCKTRANSFER, LLC, HELEN BAGLEY, SERGEY RUMYANTSEV ANDBRIAN DVORAK
Case 2:08-cv-00437-LRH -RJJ Document 183 Filed 07/27/11 Page 1 of 8
 
 
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1234567891011121314151617181920212223242526By Order issued July 25, 2011 (Docket No. 181), the Court granted theMotion by Plaintiff Securities and Exchange Commission for Summary JudgmentAgainst Defendants 1
st
Global Stock Transfer, LLC, Helen Bagley, SergeyRumyantsev and Brian Dvorak. Accordingly:
I.
 IT IS HEREBY ORDERED, ADJUDGED AND DECREED thatDefendants 1
st
Global Stock Transfer, LLC, Helen Bagley, Sergey Rumyantsevand Brian Dvorak and Defendants’ agents, servants, employees, attorneys, and allpersons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrainedand enjoined from violating Section 5 of the Securities Act, 15 U.S.C. § 77e, by,directly or indirectly, in the absence of any applicable exemption:(a) Unless a registration statement is in effect as to a security, making useof any means or instruments of transportation or communication ininterstate commerce or of the mails to sell such security through theuse or medium of any prospectus or otherwise;(b) Unless a registration statement is in effect as to a security, carrying orcausing to be carried through the mails or in interstate commerce, byany means or instruments of transportation, any such security for thepurpose of sale or for delivery after sale; or(c) Making use of any means or instruments of transportation orcommunication in interstate commerce or of the mails to offer to sellor offer to buy through the use or medium of any prospectus orotherwise any security, unless a registration statement has been filedwith the Commission as to such security, or while the registrationstatement is the subject of a refusal order or stop order or (prior to the
Case 2:08-cv-00437-LRH -RJJ Document 183 Filed 07/27/11 Page 2 of 8
 
 
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1234567891011121314151617181920212223242526effective date of the registration statement) any public proceeding orexamination under Section 8 of the Securities Act, 15 U.S.C. § 77h.
II.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED thatDefendants 1
st
Global Stock Transfer, LLC, Helen Bagley, Sergey Rumyantsevand Brian Dvorak are liable for disgorgement representing profits gained as aresult of their violations, together with prejudgment interest thereon. Thedefendants are liable for the following amounts:a.
 
Dvorak shall pay disgorgement of $318,843 and prejudgmentinterest thereon of $90,795.31, for a total of $409,638.11 indisgorgement and prejudgment interest;b.
 
Bagley and 1
st
Global shall, jointly and severally, paydisgorgement of $302,500 and prejudgment interest thereon of $145,547.87, for a total of $448,047.87 in disgorgement andprejudgment interest; andc.
 
Rumyantsev shall pay disgorgement of $34,552.28 andprejudgment interest thereon of $13,702.35, for a total of $48,254.63 in disgorgement and prejudgment interest.Defendants shall satisfy their obligations by paying the above amounts within 14days after entry of this Final Judgment to the Clerk of this Court, together with acover letter identifying the Defendant as a defendant in this action; setting forth thetitle and civil action number of this action and the name of this Court; andspecifying that payment is made pursuant to this Final Judgment. Defendants shallsimultaneously transmit photocopies of such payments and letters to theCommission’s counsel in this action. By making these payments, Defendants
Case 2:08-cv-00437-LRH -RJJ Document 183 Filed 07/27/11 Page 3 of 8

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